Effective Date: January 26, 2020
Nexar Ltd. and its affiliates (“Nexar”, “we”, “us” or “our”) are on a mission to rid the world of car crashes. By utilizing our sophisticated safe driving tools, through off-the-shelf smartphones and dash-cams, our users are able to detect, record and warn other drivers of real-time road hazards.
Specifically, it describes the data we collect, how and for which purposes we may use such data, where we store it and for how long we retain the data, with whom we may share it, our use of tracking technologies and communications, our security practices, your choices and rights regarding such data, our policy concerning children, and how to contact us if you have any concerns regarding this Policy or your Privacy.
If you do not agree to this Policy, please discontinue and avoid using our Services.
You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range or with the best experience when using our Services.
1. Data Collection
We collect the following main categories of data (and to the extent one or more of them may enable the identification of a specific person or is linked to such potentially identifying data, we will deem it as “Personal Data”):
Data automatically collected or generated: when someone visits, interacts with or uses our Services, including any e-mail or text messages sent to them via our Services, we may collect certain technical data about them. We collect or generate such data either independently or with the help of third party services (as detailed in Section 4 below), including through the use of “cookies” and other tracking technologies (as further detailed in Section 5 below). Such data consists of sensor, location, connectivity, technical and aggregated usage data, such as your GPS/GNSS location data; ride start and end locations; data obtained from your device’s gyroscope and accelerometer sensors; IP addresses, wireless networks, cell towers and Wi-Fi access points; App user ID; non-identifying data regarding a device, operating system and browser; activity, communication and performance logs; issues and bugs; and user activity on our Services. Furthermore, frames and videos of interest relating to traffic conditions will be gathered and shared amongst users to help them plan their routes, as well as on our LiveMap service, aimed to provide more transparency and knowledge sharing on real-time road conditions.
Data received from you: you may provide us Personal Data such as your name, e-mail, phone number and hashed password, when you sign up for our Services. You also have the option to provide us additional information concerning your insurance provider and insurance plan, your fleet users (as further detailed in Section 4 below), as well as any other data you choose to provide when you use our Services, create a user account or contact us (including via the contact forms on our Site). If you choose to place any purchases via our Services, you may also provide us with your billing and shipping details and preferences, as applicable
Data received from Facebook or Google: you may login to our Services by connecting your Facebook or Google accounts, in which case we will receive your Facebook/Google name, e-mail, user id, and any other information you choose to share with us via such account.
Data received from Insurance Companies: in some locations, users may choose to provide us with certain information concerning their insurers and their insurance plans, or have their insurer provide this information directly to us. This may include details regarding the user’s plan, characteristics, and the user’s insurance identifiers.
Data received from fleet managers and users: if you use the Services to create or join a fleet of drivers using our App, and interact with those other drivers through the Services, we may receive additional data from you and other members of this fleet, through such interactions.
Data concerning third parties: if you submit or otherwise make available to us any recordings concerning traffic incidents, collisions, road conditions or violations, we may analyze such recordings and produce reports, which may be shared with you, your insurer or other third parties (subject to your authorization) in accordance with Section 4 below. Should you contact us to generate a collision report, you may also provide us with details such as the location and time of the collision, photos, license plates involved, as well as involved parties’ insurance companies and policy numbers. Should you choose to submit such a report to your insurance company through the App, we will be collecting the data to monitor the performance of such a submission.
Collision Reports: if you submit or otherwise make available to us any recordings concerning traffic incidents, collisions, road conditions or violations, we may analyze such recordings and produce reports, which may be shared with you, your insurer or other third parties (subject to your authorization) in accordance with Section 4 below. Should you contact us to generate a collision report, you may also provide us with details such as the location and time of the collision, photos, license plates involved, as well as involved parties’ insurance companies and policy numbers. Should you choose to submit such a report to your insurance company through the App, we will be collecting the data to monitor the performance of such a submission.
Data received from other third parties: we may receive your Personal Data from other sources. For example, if you participate in an event, conference or webinar that we sponsor or participate in, we may receive your Personal Data from the event organizers. We may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners or service providers, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn.
2. Data Uses
We use your Personal Data as necessary for the performance of our Services; for complying with applicable law; and based on our legitimate interests in maintaining and improving our Services and offerings, understanding how our Services are used, optimizing our marketing, customer service and support operations, and protecting and securing our users, ourselves and members of the general public.
Specifically, we use Personal Data for the following purposes:
To facilitate, operate, and provide our Services;
To authenticate the identity of our users, and to allow them to access and use our Services;
To provide our users with assistance and support;
To train and improve our AI and computer vision algorithms, and to further develop, customize and improve the Services and your user experience, based on common or personal
preferences, experiences and difficulties; To contact our users with general or personalized service-related messages (such as password-retrieval or billing); or with promotional messages (such as newsletters, special offers, new features etc.); and to facilitate, sponsor and offer certain events and promotions;
To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services; and
To comply with any applicable laws and regulations.
3. Data Location & Retention
Data Location: Your Personal Data may be maintained, processed and stored by Nexar and our authorized affiliates and Service Providers in the United States of America, as necessary for the proper delivery of our Services, or as may be required by law.
Nexar Ltd. is based in a jurisdiction which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents.
Nexar Inc. adheres to the principles of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. To learn more, please visit our Privacy Shield Notice at: https://www.getnexar.com/privacyshield
While privacy laws may vary between jurisdictions, Nexar, its affiliates and Service Providers are each committed to protect Personal Data in accordance with this Policy and industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.
Data Retention: We keep our users’ Personal Data for as long as their account is active or we consider necessary for the purposes described in this Policy. We keep visitors’ Personal Data for as long as we reasonably need it in order to maintain and expand our relationship further and to provide them with our Services.
We will also keep and use such Personal Data for as long as is required in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e., as required by laws applicable to records and bookkeeping, as necessary for allowing our users’ insurers to meet their own obligations or legitimate needs, and in order to have proof and evidence concerning our relationship or our users’ use of our Services (including any recordings uploaded by them), should any legal issues arise following their discontinuance of use), in accordance with our data retention policy.
Please note that unless required by applicable law, we will not be obligated to retain your data for any particular period and therefore, are free to securely delete it for any reason and at any time, with or without notifying you. If you have any questions about our data retention policy, please contact us at email@example.com
4. Data Sharing
Legal Compliance: We may disclose or allow government and law enforcement officials access to certain Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we have a good faith belief that we are legally compelled to do so and solely to the extent that we believe is strictly necessary to comply, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own (e.g. hosting and server co-location services, data analytics services, mapping services, marketing and advertising services, data and cyber security services, fraud detection and prevention services, payment processing services, e-mail and SMS distribution and monitoring services, session recording, and our business, legal and financial advisors) (collectively, “Service Providers”). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.
Insurance Companies and Mobility Platforms: We may notify your selected insurer or integrated mobility platform of probable road collisions involving you and/or third parties and share with it any related recordings, data and reports by one of two ways: (a) in accordance with the instructions of your insurer, in cases where your use of our Services is part of your agreement with your insurer and you have granted your insurer authorization to receive such recordings or reports from us or (b) in the event you have authorized Nexar to do so automatically by either providing Nexar with your insurer and policy details through the App (in which case the “Report to Insurer” feature on the App will become active automatically) or by manually turning “on” the “Report to Insurer” feature on your App (provided that you have previously shared with Nexar your insurer and policy details through the App).
Teams & Fleets: The Services allow you to create and join teams or fleets of drivers using the App. For example, you may create a team consisting of your family members or friends, or a fleet consisting of drivers at your workplace, who are each using the App individually on their mobile device, so that you may interact with each other, share drive recordings or collision reports with each other, etc. Your data will be shared with other members of the teams or fleets you create or join, in accordance with the sharing settings of such team or fleet (which are managed either by each user, or by the team owner or fleet manager). We advise you to review the sharing settings for each team you create or are invited to, and adjust your sharing activities accordingly. Fleet managers gain access and visibility into their fleet’s users’ location data, ride videos (live or post ride), and alerts concerning incidents during the ride. Fleet managers may also appoint additional administrators for their fleet, who will also gain access and visibility to all or some of this data, depending on the privileges set by the fleet manager. For more information about the role of fleet managers as “data controller” of their fleet users’ data, please see Section 10 below.
Third Party Integrations: The Services may allow you to integrate with certain third party services, in which case you will be bound by the terms of service and privacy policies of said third parties – so please make sure you read and accept them. We do not receive or store your passwords for any of these third party services.
Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of Nexar, any of our users or any members of the general public.
Nexar Subsidiaries and Affiliated Companies: We share Personal Data internally within our family of companies, for the purposes described in this Policy. In addition, should Nexar or any of its affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of its assets, or will be found eligible for a governmental grant, your Personal Data may be shared with the parties involved in such event. If we believe that such event might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.
For the avoidance of doubt, Nexar may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data in our sole discretion and without the need for further approval.
5. Cookies and Tracking Technologies
Our Services and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide, secure and improve our Services, personalize your experience and monitor the performance of our activities and campaigns.
A “cookie” is a small text file that is used, for example, to collect data about activity on our Site. Some cookies and other technologies serve to recall Personal Data, such as an IP address, previously indicated by the user. While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, most browsers allow you to control cookies, including whether or not to accept them and to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
Service Communications: we may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, reports, password-retrieval notices, etc. You will not be able to opt-out of receiving such service communications.
Notifications and Promotional Communications: we may send you notifications concerning messages and other updates in your user account (such as messages concerning collision reports, road conditions etc.). We may also send you notifications about new features, offerings, events and special opportunities or any other information we think our users will find valuable. We may provide such notices through any of the contact means available to us (e.g. SMS or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you wish not to receive such promotional communications, you may notify Nexar at any time by e-mailing us at firstname.lastname@example.org or by following the “unsubscribe”, “stop” or “change e-mail preferences” instructions contained in the promotional communications you receive.
7. Data Security
In order to protect your Personal Data held with us and our Service Providers, we are using industry-standard physical, procedural and electronic security measures. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties.
8. Data Subject Rights
If you wish to obtain a portable copy of your Personal Data, or to request to delete it, please log into the Platform, and select either the “Export” or “Delete” options in your account dashboard settings https://dashboard.getnexar.com/login
Alternatively, if you wish to exercise your right under applicable law (for example, the EU GDPR) to request access to, rectification, portability or deletion of your Personal Data, to restrict it from being further processed or to object to specific types of processing, or any other right that you may have under the laws applicable to Nexar’s processing of your Personal Data - please contact us at email@example.com
9. Children’s Privacy
Our Services are not designed to attract children under the age of 16. We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a child is using the Services, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child.
If you believe that we might have any such data, please contact us at firstname.lastname@example.org
10. Data Controller/Processor
Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Nexar is both a “data controller” and “data processor” of fleet user data. Such data is processed by Nexar for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst those certain portions of it which are ‘controlled’ by the fleet manager will be processed by us on the fleet manager’s behalf, as a ‘processor’.
Accordingly, Nexar processes fleet user data strictly in accordance with such fleet manager’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with such fleet manager. The fleet manager, as controller of such data, will be responsible for meeting any legal requirements applicable to data controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
For the avoidance of doubt, each fleet manager is solely responsible for providing adequate notice to their users – including sufficient reference to the processing of their Personal Data via the Services, and any other information necessary to comply with all applicable privacy and data protection laws; and to obtain all approvals and consents from such individuals as required under such laws.
11. Additional Notices
Updates and amendments: We may update and amend this Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the published effective date. We will provide a 10-days’ prior notice if any substantial changes are involved, via any of the communication means available to us, or on the Services. After this notice period, all amendments shall be deemed accepted by you.
External links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices, and encourage you to pay attention when you leave our Services and to read the privacy policies of each and every website and service you visit. This Policy applies only to our Services.